Mansfield Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Upon Filing
Motion to Suppress Motions
- 1 copy • Upon Filing
Adjournments
- Continuances require good cause, must be requested in writing and served on the opposing side, generally must be requested at least ten working days before trial, and will be set for a date certain.
- A continuance request must state its reason, include documentation of any alleged conflict, and be made at least ten working days before trial unless extreme causes apply; granted continuances will be set for a date certain.
- A continuance requires good cause and a written, served request stating the reason and documenting any alleged conflict; requests made fewer than 10 working days before trial are not considered except for extreme cause, and any continuance must be to a date certain.
- If the Court is not notified at least ten days before trial whether the case will be disposed of or proceed to trial, no continuance will be granted; jury costs will also be added to the case.
Communication
Fax
Clerk
Page & Word Limits1 rule
Fax filings must be no longer than 10 pages in length, not including the cover sheet.
- Fax filing
- Up to 10 pages
Document Format Requirements7 rules
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure.
- Motion
Formatting
- •Motions must be in writing, except those normally made at trial
All motions, except those normally made at trial, shall be in writing
All requests for continuances shall be in writing
All authorized personnel of the Mansfield Municipal Court and Mansfield Clerk of Court’s Office using any signature stamp of a Judge or Magistrate shall place their initials next to the stamped signature.
All documents presented to the Clerk for filing should be on paper that is 8.5 by 11 inches in size, and the text of all documents should be no smaller in size than 12-point font. The margin on the top of each page should be at least one inch so that the Clerk can punch holes in that margin without obscuring the document’s text. Every multi-page document filed with the Clerk should be paginated and should be firmly stapled in the upper-left corner of the document. Also, sufficient blank space should be visible in the upper-right portion of the first page of each document so that the Clerk can date-stamp the document without obscuring the document’s text.
- Font size
- 12 points
- Margins
- Top 1 inch
- Paper size
- Letter
- Binding
- Stapled
The Clerk may accept handwritten documents for filing, but the Clerk may reject any document that is not clearly legible.
Continuance requests must be in writing and signed by counsel or, if unrepresented, by the party.
Court's wording
Request for continuances shall be in writing, stating the reason with documentation of any alleged conflict and served upon opposing counsel, or if the opposing party is unrepresented, on the party. All requests for continuances shall be signed by counsel, or if unrepresented, the party.
Document Filing Requirements39 rules
No such application will be considered unless a written entry or motion is presented stating the reasons for the application, certificate of service on opposing counsel, and time and date of trial, if set.
- Document
- Withdrawal application
Include
- •Certificate of service
Attorneys will designate their capacity as trial counsel on all pleadings in civil and criminal cases and shall include their office address, zip code, telephone number, email addresses, and Supreme Court registration number.
A judgment entry must be submitted with all motions.
Motions will be supported by memoranda of law containing applicable statutory and case law citations.
The original of each filing must be signed by the party’s attorney, or by the party if unrepresented.
Court's wording
The original of every document filed with the Clerk shall be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney shall sign any document being filed.
A party who wishes to file a signed document by fax must either (1) fax the signed document to the Clerk or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the typewritten name of the signing person.
(A) the name of our Court; (B) the title of the case; (C) the case number; (D) the name of the assigned Judge, if any; (E) the title of the document being filed; (F) the date of transmission; (G) the transmitting fax number; (H) an indication of the number of pages included in the transmission, including the cover sheet; (I) the name, address, telephone number, fax number, email address, and Supreme Court registration number (if any), of the person filing the faxed document; (J) if applicable, a statement explaining how costs are being submitted.
- Document
- Fax cover sheet
Include
- •Judge name
- •Case number
Each counsel must submit a written statement listing expected witnesses and addressing a requested view, jury waiver or number of jurors, and separate trials on liability and damages.
Court's wording
Each counsel shall present to the Court, in writing, a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial previously demanded will now be waived, and if not, the number of jurors demanded; and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages, if liability is found.
Each counsel, claiming same, shall present in writing to the Court an itemization of all special damages claimed.
Each counsel shall present to the Court, in writing, a statement of the issues involved, of matters stipulated, and of all questions of law which are expected to be involved in the case.
Each counsel shall bring to the pretrial all available exhibits which are to be offered in evidence at the trial.
Motions will be supported by memoranda of law containing applicable statutes and case law citations.
Change of Plea pursuant to an Agreed Judgment Entry on all offenses other than Minor Misdemeanors will only be permitted with prior approval of Court; in such case, the fine, applicable Court costs, and any period of incarceration and/or probation are to be determined by Court and included on the Agreed Judgment Entry.
5. Judgment Entries: Counsel for the party in whose favor an order or judgment is rendered shall prepare a judgment entry.
3. Motions: All motions must be in writing and accompanied by a written memorandum containing citations and the arguments of counsel.
In covered credit-card damages cases, the plaintiff must produce qualifying account statements showing the interest rates, a legible copy of the cardholder agreement in effect at the defendant’s last use, and admissible evidence, but need not attach those documents to the complaint.
Court's wording
At trial, Plaintiff must produce monthly account statements to establish the balance prayed for in the complaint, starting from a zero balance or four years of statements, whichever is less. The statements must show the interest rate(s) charged by Plaintiff. Plaintiff must also produce a legible copy of the cardholder’s agreement which was in existence when the Defendant last used the account. Plaintiff’s evidence must be admissible under the rules of evidence. The Court will not require said documents to be attached to complaint at the time of filing.
All garnishment hearings and actions to revive a dormant judgment will require the appearance of the parties. The appearance may be in person; however, the Court will accept an appearance by affidavit in lieu of personal appearance. Said affidavit shall contain all pertinent information, i.e., date of judgment, amount awarded and amount still owing, etc.
If the defendant was charged more than 25% annual interest before charge-off, the plaintiff must calculate the balance excluding usurious interest and recalculate affected months using the statutory rate.
Court's wording
In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months that Defendant was charged more than 25% per year, the Plaintiff must recalculate the balance due assuming interest at the statutory rate.
6. Post Judgment Executions: All post judgment executions shall include a notice of execution which shall be completed by the executing party and filed with the Clerk of Court at the time of filing the execution.
All motions for default judgment shall also contain a list of all damages supported by documentary or other evidence.
All motions for default judgment shall be made in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date (if applicable).
In all cases, the deed or other sufficient proof of rights Plaintiff’s rights to the real property at issue in the filing must be included with the Complaint.
If the Complaint is filed pursuant to a written lease agreement, a copy of the lease must be attached to the Complaint.
Further, any entry or order of this Court bearing the stamped signature of any Judge or Magistrate shall not be an order of this Court unless the initials of the person who used the stamp is placed next to the stamped signature.
All warrants issued due to Defendants failure to appear, shall set forth the amount of the bond as stated on the bond schedule unless otherwise noted by the issuing Judge or Magistrate, excluding failure to appear for jail and failure to appear for probation.
In order to have his/her criminal case placed on the Behavioral Health Court Docket, a criminal Defendant must make an Application for Admission.
In order to have his/her criminal case placed on the Veteran’s Court Docket, a criminal Defendant must make an Application for Admission.
In order to have his/her criminal case placed on the Treatment Court Docket, a criminal Defendant must make an Application for Admission.
In order to have his/her criminal case placed on the Domestic Violence Court Docket, a criminal Defendant must make an Application for Admission.
a completed "Motion, Entry, and Certification for Appointed Counsel Fees"
In addition, the case name, case number, and the name of the assigned Judge should be listed on each document filed with the Clerk, as well as the title of the document (for example, Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).
When personal identifying information is redacted or omitted, it should be provided to the Court on a separate form identifying the information and its location.
Court's wording
If personal identifying information is redacted or omitted from a document, the information should be provided to the Court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information.
On each document presented to the Clerk for filing, parties and attorneys should list their names, addresses, telephone numbers, fax numbers, and email addresses. Attorneys should also list their Ohio attorney registration numbers.
A document filed by fax will be accepted as the effective original filing of the document. The person filing a document by fax should not mail or otherwise deliver the same document to the Clerk a second time, but that person should maintain in his or her records the original signed copy of the fax-filed document, as well as the fax cover sheet sent to the Clerk with the document.
A party who files a signed document by fax represents that the physically signed document is in his or her possession or control.
Any exhibit filed in accordance with the paragraph just above should be accompanied by a cover sheet listing the name of the case, the case number, the assigned Judge’s name, and the title of the exhibit itself.
- Document
- Exhibit cover sheet
Should include
- •Judge name
- •Case number
If an exhibit cannot be transmitted accurately by fax, the exhibit should be replaced by an insert page describing the exhibit and why it is missing.
Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the assigned Judge or Magistrate to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).
Motions for relief from judgment under this rule shall be made in accordance to Ohio Rule of Civil Procedure 60 (B).
Filing & Service rules
Electronic Filing Rules
Documents may be filed by presenting them to the Clerk during regular business hours, by fax, or by sending them to the Clerk at the stated address.
A. FILING OF DOCUMENTS The filing of a document with the Court may be accomplished by presenting the document to the Clerk of Court during the regular business hours of the Clerk’s office, by fax filing as described in Section F below, or by sending the document to: Clerk of Court, The Mansfield Municipal Court, 30 North Diamond Street, Mansfield, Ohio 44902.
Page 7 | Local Rule 4 - Filing of Documents; A. FILING OF DOCUMENTS
Pleadings and other papers may be filed with the Clerk by fax.
Pleadings and other papers may be filed with the Clerk by facsimile (“fax”).
Page 8 | Local Rule 4 - Filing of Documents; F. FAX FILINGS
Filing Timing and Cure Windows
Motions other than those normally made at trial must be made within the time limits prescribed by the Ohio Rules of Civil and Criminal Procedure.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure.
Page 5 | Local Rule 3 - Duties of Counsel; Motions Practice
A response is due no later than the 14th day after service of the motion when no oral hearing is requested.
Parties wishing to respond to said motions shall do so not later than the 14th day following service of the motion or three (3) days prior to the oral hearing date if an oral hearing has been requested.
Page 5 | Local Rule 3 - Duties of Counsel; Motions Practice
A document sent by mail or another delivery service is not considered filed until the Clerk’s office receives it.
A document sent by mail or other delivery service will not be considered filed until it is received in the Clerk’s office.
Page 7 | Local Rule 4 - Filing of Documents; A. FILING OF DOCUMENTS
A faxed document received by the Clerk is considered filed on the date the Clerk date-stamps it, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and received by the Clerk will be considered filed with the Clerk as of the date the Clerk date-stamps the document, as opposed to the date and time of the fax transmission itself.
Page 8 | Local Rule 4 - Filing of Documents; F. FAX FILINGS
Motions, except those normally made at trial, must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within time limits prescribed in the Ohio Rules of Criminal Procedure.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
A change of plea by agreed judgment entry for an offense other than a minor misdemeanor is permitted only with prior Court approval.
Change of Plea pursuant to an Agreed Judgment Entry on all offenses other than Minor Misdemeanors will only be permitted with prior approval of Court;
Page 15 | Change of Plea by Agreed Judgment Entry
All offenses involving changes of plea by Judgment Entry are subject to the approval of the Court prior to submission of the Judgment Entry.
All offenses involving changes of plea by Judgment Entry are subject to the approval of the Court prior to submission of the Judgment Entry.
Page 15 | Change of Plea by Agreed Judgment Entry
If a settlement entry marked to come is not received within thirty days, the Court must notify the party that the case will be dismissed unless the entry arrives within ten days.
When a file has been marked ‘settlement entry to come’ and the entry has not been received within thirty (30) days, then the Court shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 16 | Local Rule 8 - Case Management in Civil Cases, Clerical Steps
Status conferences and pretrials must be in person unless a motion to conduct the hearing by phone is filed at least fourteen days in advance.
All status conferences and pretrials must be conducted in person, unless a motion to conduct said hearing by phone is filed at least fourteen (14) days in advance.
Page 16 | Local Rule 8 - Case Management in Civil Cases, Judicial Steps
Opposing counsel must approve or reject the judgment entry within 5 days of its submission.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 17 | Local Rule 8 – Case Management in Civil Cases
The journal entry must be submitted to the judge or magistrate within 20 days of the decision; afterward, the Court will prepare it.
Within twenty (20) days of the decision, the journal entry shall be submitted to the Judge or Magistrate, or thereafter, the Court will prepare the journal entry.
Page 17 | Local Rule 8 – Case Management in Civil Cases
The judgment entry must be submitted to opposing counsel within 10 days of the decision.
That entry shall be submitted to opposing counsel within ten (10) days of the decision.
Page 17 | Local Rule 8 – Case Management in Civil Cases
The notice of execution must be filed with the Clerk at the time the post-judgment execution is filed.
6. Post Judgment Executions: All post judgment executions shall include a notice of execution which shall be completed by the executing party and filed with the Clerk of Court at the time of filing the execution.
Page 18 | Local Rule 8 – Case Management in Civil Cases
A settlement may void the trial without an entry, but an entry must be filed within 20 days of the trial date or the case will be dismissed for want of prosecution.
The voidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within twenty (20) days of the date of trial, or the case will be dismissed for want of prosecution.
Page 18 | Local Rule 8 – Case Management in Civil Cases
The execution hearing date must be obtained from the Clerk when filing and may not be more than 10 days after service.
Hearing dates on executions will be obtained from the Clerk of Court at time of filing not exceed ten (10) days from the date of service.
Page 18 | Local Rule 8 – Case Management in Civil Cases
When no briefing stay is in effect or a stay has been lifted, parties must file briefs and other documents by their due dates or risk dismissal or other court action.
If no stay of the briefing schedule is in effect, or if a stay has been lifted, parties must file briefs and other documents when such filings are due, and the Court will dismiss cases for want of prosecution or take other action if the parties do not file briefs timely.
Page 21 | D. BRIEFS
When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion.
When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion.
Page 27 | Local Rule 13 - Forcible Entry and Detainer, C. SECOND CAUSE OF ACTION
After the clerk’s letter, the plaintiff has seven days to file the default-judgment motion or the second cause of action will be dismissed with prejudice.
When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion. If the Motion is not filed within this time, the cause of action will be dismissed with prejudice.
Page 27 | Local Rule 13 - Forcible Entry and Detainer, C. SECOND CAUSE OF ACTION
The completed appointed-counsel fee submission must be received within 60 days after final disposition, unless the Court grants an extension; if the deadline falls on a weekend or court holiday, it is due the next available business day.
Unless an extension has been granted by the Court, if a completed "Motion, Entry, and Certification for Appointed Counsel Fees" is not received by the Office of the Mansfield Clerk of Court within sixty (60) days after the date the case was finally disposed of by the Court, such fee will be denied for payment. If the sixtieth (60th) day falls on a weekend or a holiday in which the Court is not open, the "Motion, Entry, and Certification for Appointed Counsel Fees" must be received by the next available business day for payment to be received.
Page 49 | Local Rule 29 – Court Appointed Fees Deadline
Unless the Court otherwise orders, the missing exhibit should be filed with the Clerk, as a separate document, within five Court days after the fax filing. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this paragraph.
Unless the Court otherwise orders, the missing exhibit should be filed with the Clerk, as a separate document, within five Court days after the fax filing. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this paragraph.
Page 9
The Clerk may treat a fax filing without the required cover page information as not filed and may, but need not, notify the sender.
If a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may properly treat the document as not having been filed. The Clerk may – but is not required – to notify the sender of a failed fax filing.
Page 9
If a case not set for trial has had no activity for six months, the Clerk must notify the party that it will be dismissed within fifteen days unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within fifteen (15) days unless good cause is shown.
Page 16 | Local Rule 8 - Case Management in Civil Cases, Clerical Steps
If the parties are not making progress, the mediator may return the case to the regular docket and terminate stays, and the entry lifting the stay will state when briefs are due.
The mediator has the authority to return cases to the regular docket and terminate stays if the parties are not making progress in resolving their case. Entries lifting stays, including entries returning cases to the regular docket, will set forth when briefs will be due.
Page 21 | D. BRIEFS
The Court may suspend briefing while mediation negotiations continue, and parties should check the mediation referral entry for orders setting brief due dates.
The Court may suspend the briefing schedule until the parties complete negotiations, and the parties should review the Court’s entry referring the case to mediation for any orders related to the due dates for briefs.
Page 21 | D. BRIEFS
Affidavits requesting waiver of court costs in civil actions must be assigned immediately to a judge for a hearing on their accuracy and truthfulness.
All Affidavits filed by any party in a civil action requesting waiver of Court costs shall be immediately assigned to a Judge of this Court for hearing to determine the accuracy and truthfulness of the affidavit.
Page 24 | Local Rule 11 - Subject: Affidavits of Indigency
The Clerk must take no action on a filing until a judge determines indigency status.
The Clerk shall take no action on any filing until a Judge of this Court has determined the indigency status.
Page 24 | Local Rule 11 - Subject: Affidavits of Indigency
A writ of restitution may be requested immediately after the hearing, but no later than 30 days afterward.
A Writ of Restitution may be requested immediately following the hearing and no later than thirty (30) days after the hearing.
Page 27 | Local Rule 13 - Forcible Entry and Detainer, B. HEARING
Documents may be faxed to the Clerk at any time, including when the Clerk’s office is closed.
Documents may be faxed to the Clerk at any time, however, including times when the Clerk’s office is closed.
Page 8 | Local Rule 4 - Filing of Documents; F. FAX FILINGS
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 18 | Local Rule 8 – Case Management in Civil Cases
Service and Proof of Service Rules
Counsel whose withdrawal is approved must immediately mail the entry to the client’s last known address.
Approved withdrawal entries will be mailed immediately by the withdrawing counsel to his client’s last known address.
Page 5 | Local Rule 3 - Duties of Counsel; Withdrawal of Counsel
Motions other than those normally made at trial must be served on opposing counsel.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure.
Page 5 | Local Rule 3 - Duties of Counsel; Motions Practice
Continuance requests must be served on opposing counsel, or on the opposing party if that party is unrepresented.
All requests for continuances shall be in writing and served on opposing counsel, or if the opposing party is unrepresented, on the party.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
Motions, except those normally made at trial, must be served on opposing counsel.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
Continuance requests must be served on opposing counsel or, if the opposing party is unrepresented, on that party.
Request for continuances shall be in writing, stating the reason with documentation of any alleged conflict and served upon opposing counsel, or if the opposing party is unrepresented, on the party.
Page 15 | Continuances
Summons must be served in accordance with the Ohio Rules of Civil Procedure.
Summons shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 16 | Local Rule 8 - Case Management in Civil Cases, Clerical Steps
If service fails, the Clerk must notify counsel or the party immediately, and failure to obtain service within six months after filing results in immediate dismissal.
In the event there is a failure of service, the Clerk shall notify counsel, or the party, immediately. If counsel, or the party, fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Court shall immediately dismiss the cause of action.
Page 16 | Local Rule 8 - Case Management in Civil Cases, Clerical Steps
The assignment commissioner must give counsel notice of a pretrial conference by mail, attorney mailbox, or telephone at least 14 days beforehand.
Notice of pretrial conference shall be given to all counsel of record by mail, attorney mailbox, and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 17 | Local Rule 8 – Case Management in Civil Cases
The Plaintiff must bear the cost of a private approved process server, and a request for personal service requires approval by the Magistrate or Judge.
If the Plaintiff wishes to obtain personal service, costs of private approved process servers shall be borne by the Plaintiff and all such requests for personal service must be approved by the Magistrate or the Judge.
Page 25 | Local Rule 12 - Small Claims, D. SERVICE OF COMPLAINTS
Service must be made in accordance with the Ohio Rules of Civil Procedure.
All service shall be made in accordance with the Ohio Rules of Civil Procedure.
Page 25 | Local Rule 12 - Small Claims, D. SERVICE OF COMPLAINTS
Court, clerk, or law director service on an attorney with a Mansfield law office is sufficient by placing the document in that attorney’s courthouse mailbox and is effective two business days later, excluding Saturdays, Sundays, and City-observed legal holidays.
It shall be sufficient service or delivery by the Court, the Clerk of Court, or the Law Director to any attorney who maintains a law office within the City of Mansfield, to place a copy of the document or other paper in the attorney’s mailbox maintained in the office of the Clerk of the Mansfield Municipal Court. Any such service or delivery shall be deemed effective two business days after the date the document or other paper is placed in that mailbox. Business days are all days other than Saturdays, Sundays or legal holidays observed by the City of Mansfield.
Page 36 | Local Rule 20 - Court Service on Mansfield Attorneys
The exhibit and signed cover sheet should be served on all other parties.
The exhibit and the signed cover sheet should be served on all other parties.
Page 9
Filing Fees and Waivers
Fax filing itself carries no fee, but applicable court costs must be paid before the Clerk will accept and file the faxed document.
No fee is charged for fax filing itself, but any applicable court costs associated with the proposed filing must be paid before the faxed document will be accepted by the Clerk and filed.
Page 8 | Local Rule 4 - Filing of Documents; F. FAX FILINGS
The fine and costs must be submitted in full with the Judgment Entry.
Fine and costs must be submitted in full with the Judgment Entry.
Page 15 | Change of Plea by Agreed Judgment Entry
Each party must pay a non-refundable $35 civil mediation fee to the Clerk within 14 days after the referral order; nonpayment may result in dismissal of the Complaint or striking of the Answer.
A non-refundable civil mediation fee of $35.00 per party shall be paid within fourteen (14) days of the Order referring the matter to mediation. Payment shall be made to the Mansfield Municipal Court Clerk of Court, 30 North Diamond Street, Mansfield, Ohio, 44902. Non-payment by either party per this Rule will result in the plaintiff having the Complaint dismissed or the Defendant having the Answer stricken.
Page 20 | Local Rule 9 - Mediation
A continuance request must be accompanied by a $5 fee.
No continuance of any hearing shall be granted unless the required Motion or request is filed with the Court, together with a fee of Five Dollars ($5.00), and the opposing side has been given notice.
Page 26 | Local Rule 12 - Small Claims, H. CONTINUANCES
A contested small-claim hearing costs $40.00.
Small Claim Contested Hearing $40.00
Page 32 | Local Rule 18 - Civil Court Costs
A motion to continue costs $5.00.
Motion to Continue $5.00
Page 32 | Local Rule 18 - Civil Court Costs
An additional postage fee applies to a cross complaint and is the same as the complaint postage fee.
(Additional postage fee same as Complaint)
Page 32 | Local Rule 18 - Civil Court Costs
A complaint in the Civil Division costs $155.00.
Complaint $155.00
Page 32 | Local Rule 18 - Civil Court Costs
A second cause of action in a forcible-entry-and-detainer matter costs $30.00.
Second Cause of Action $30.00
Page 32 | Local Rule 18 - Civil Court Costs
Each additional defendant on a small claim costs $15.00.
Additional Defendant $15.00
Page 32 | Local Rule 18 - Civil Court Costs
A small claim costs $110.00.
Small Claim $110.00
Page 32 | Local Rule 18 - Civil Court Costs
A motion to revive a judgment costs $60.00.
Motion to Revive Judgment $60.00
Page 32 | Local Rule 18 - Civil Court Costs
An alias summons costs $40.00.
Alias Summons $40.00
Page 32 | Local Rule 18 - Civil Court Costs
A cross complaint with summons and service costs $70.00.
Cross Complaint w/Summons and Service $70.00
Page 32 | Local Rule 18 - Civil Court Costs
An amended complaint with summons costs $70.00.
Amended Complaint w/summons $70.00
Page 32 | Local Rule 18 - Civil Court Costs
A trusteeship costs $55.00.
Trusteeship $55.00
Page 32 | Local Rule 18 - Civil Court Costs
A cognovit note, including mail service, costs $120.00.
Cognovit Note (includes mail service) $120.00
Page 32 | Local Rule 18 - Civil Court Costs
Each additional defendant on an alias summons costs $15.00.
Each additional Defendant $15.00
Page 32 | Local Rule 18 - Civil Court Costs
A third-party complaint with summons and service costs $70.00.
Third Party Complaint w/Summons and Service $70.00
Page 32 | Local Rule 18 - Civil Court Costs
A petition on appeal costs $120.00.
Petition on Appeal $120.00
Page 32 | Local Rule 18 - Civil Court Costs
Each additional defendant on a complaint costs $30.00.
Each Additional Defendant $30.00
Page 32 | Local Rule 18 - Civil Court Costs
A motion to vacate, modify, or correct a judgment costs $45.00.
Motion to Vacate/Modify/Correct Judgment $45.00
Page 32 | Local Rule 18 - Civil Court Costs
Issuing a writ of restitution costs $50.00.
Issue Writ of Restitution $50.00
Page 32 | Local Rule 18 - Civil Court Costs
A motion for default, summary, or judgment on the pleadings costs $40.00.
Motion for Default, Summary or Judgment on Pleadings $40.00
Page 32 | Local Rule 18 - Civil Court Costs
Regular mail service costs $15.00.
Regular Mail Service $15.00
Page 32 | Local Rule 18 - Civil Court Costs
A forcible-entry-and-detainer matter, including service, costs $140.00.
Forcible Entry and Detention (Includes Service) $140.00
Page 32 | Local Rule 18 - Civil Court Costs
An objection to a magistrate’s report costs $35.00.
Objection to Magistrate’s Report $35.00
Page 32 | Local Rule 18 - Civil Court Costs
All costs for services must be paid at the time of filing.
ALL COSTS FOR SERVICES SHALL BE PAID AT THE TIME OF FILING.
Page 34 | Local Rule 18 – Civil Court Costs
Each certified copy costs $1.00.
Certified Copy-each $1.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost for issuing a subpoena is $2.00.
Issuing Subpoena $2.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost for furnishing copies is $0.05 per page.
Furnishing Copies $.05/pg
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
Basic costs for criminal and non-moving violations are $125.00.
Basic Costs-Criminal and Non-Moving Violations $125.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost for taking bonds is $25.00.
Taking Bonds $25.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost for preparing commitment papers is $2.00.
Preparing Commitment Papers $2.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The TIDE/Diversion Program costs $150.00, plus any unpaid costs.
TIDE/Diversion Program (plus any unpaid costs) $150.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
Basic costs for traffic violations are $135.00.
Basic Costs-Traffic Violations $135.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost to release a forfeiture of an operator's license to the BMV is $25.00.
Release to BMV of Forfeiture of Operators License $25.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
The cost for a notice of appeal is $85.00.
Notice of Appeal $85.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
Calling a Jury $30.00
Calling a Jury $30.00
Page 35 | Local Rule 19 - Subject: Court Costs in the Criminal/Traffic Division
An agreed-judgment-entry change of plea on a minor misdemeanor carries the maximum allowable fine plus applicable court costs unless the Court approves otherwise.
Change of Plea pursuant to an Agreed Judgment Entry on all Minor Misdemeanors will be fined the Maximum allowable fine, plus applicable Court costs, unless otherwise approved by the Court.
Page 15 | Change of Plea by Agreed Judgment Entry
Costs deposited are not refundable if an improper Complaint is dismissed.
If an improper Complaint is filed, it may be dismissed by the Court, and all costs deposited are not subject to refund.
Page 25 | Local Rule 12 - Small Claims, F. DISMISSALS
A pay-in order costs $15.
Pay-in Order $15.00
Page 33 | Local Rule 18 – Civil Court Costs
A motion to compel costs $35.
Motion to Compel $35.00
Page 33 | Local Rule 18 – Civil Court Costs
Transferring a small-claims case to the regular docket costs $85.
Transfer Small Claims to Regular Docket $85.00
Page 33 | Local Rule 18 – Civil Court Costs
A certificate of judgment costs $40.
Certificate of Judgment $40.00
Page 33 | Local Rule 18 – Civil Court Costs
A security deposit is required in an amount determined by the bailiff.
Security Deposit to be determined by Bailiff
Page 33 | Local Rule 18 – Civil Court Costs
Personal service within the county costs $65.
Personal Service within the County $65.00
Page 33 | Local Rule 18 – Civil Court Costs
A foreign sheriff service deposit is $100, plus $15 for service.
Foreign Sheriff Service Deposit $100.00 +$15 for service
Page 33 | Local Rule 18 – Civil Court Costs
A wage attachment costs $125.
Wage Attachment $125.00
Page 33 | Local Rule 18 – Civil Court Costs
A bank attachment costs $85, plus $1 payable to the institution.
Bank Attachment (other than) $85.00 +$1 payable to institution
Page 33 | Local Rule 18 – Civil Court Costs
A replevin hearing prior to replevin of chattels costs $135.
Replevin-Hearing Prior to Replevin of Chattels $135.00
Page 33 | Local Rule 18 – Civil Court Costs
Transferring a complaint in for a change of venue costs $115.
Transfer in Complaint-Change of Venue $115.00
Page 33 | Local Rule 18 – Civil Court Costs
A debtor's examination with personal service within the county costs $75.
Debtors Exam-Personal Service within County $75.00
Page 33 | Local Rule 18 – Civil Court Costs
The mediation fee is $35 per party.
Mediation Fee per Party $35.00
Page 33 | Local Rule 18 – Civil Court Costs
An execution for transfer of title to a mobile home costs $80.
Execution for Transfer of Title-Mobile Home $80.00
Page 33 | Local Rule 18 – Civil Court Costs
Filing a transfer of judgment costs $45.
File Transfer of Judgment $45.00
Page 33 | Local Rule 18 – Civil Court Costs
A debtor's disclosure costs $35.
Debtors Disclosure $35.00
Page 33 | Local Rule 18 – Civil Court Costs
An execution for goods and chattels, including service within the county, costs $80.
Execution-Goods and Chattels (includes Service within County) $80.00
Page 33 | Local Rule 18 – Civil Court Costs
The security deposit for a passenger vehicle, motorcycle, or pickup truck not over two-ton capacity is $1,000.
Security Deposit for Passenger Vehicle, Motorcycle or Pick-up $1000.00 Truck-Not over two-ton capacity
Page 33 | Local Rule 18 – Civil Court Costs
A debtor's examination with certified-mail service costs $70.
Debtors Exam-Certified Mail Service $70.00
Page 33 | Local Rule 18 – Civil Court Costs
Transferring a complaint out for a change of venue costs $50.
Transfer Complaint out-Change of Venue $50.00
Page 33 | Local Rule 18 – Civil Court Costs
Transferring an action to or from Common Pleas before judgment costs $50.
Transfer action to/from Common Pleas (before Judgment) $50.00
Page 33 | Local Rule 18 – Civil Court Costs
Notice of Appeal $100.00
Notice of Appeal $100.00
Page 34 | Local Rule 18 – Civil Court Costs
An all-day witness fee is $12, plus mileage.
Witness Fees-All day plus mileage $12.00
Page 34 | Local Rule 18 – Civil Court Costs
2% Poundage (1% over $10,000.00) collected on money paid to the Clerk in pursuance of an order of Court or Judgments.
2% Poundage (1% over $10,000.00) collected on money paid to the Clerk in pursuance of an order of Court or Judgments.
Page 34 | Local Rule 18 – Civil Court Costs
Jury fees are $25 per day.
Jury Fees per day $25.00
Page 34 | Local Rule 18 – Civil Court Costs
An order to show cause, including service within the county, costs $75.
Order to Show Cause (includes service within County) $75.00
Page 34 | Local Rule 18 – Civil Court Costs
A motion for continuance costs $30.
Motion for Continuance $30.00
Page 34 | Local Rule 18 – Civil Court Costs
A BMV appeal petition costs $115.
BMV Appeal-Petition $115.00
Page 34 | Local Rule 18 – Civil Court Costs
Leave to plead costs $15.
Leave to Plead $15.00
Page 34 | Local Rule 18 – Civil Court Costs
Issuing a warrant costs $70.
Issue Warrant $70.00
Page 34 | Local Rule 18 – Civil Court Costs
Issuing a subpoena with personal service within the county costs $85.
Subpoena Issued and Personal Service within County $85.00
Page 34 | Local Rule 18 – Civil Court Costs
A $700 jury-demand deposit is payable one week before trial.
Jury Demand-Deposit (payable 1 week before Jury Trial) $700.00
Page 34 | Local Rule 18 – Civil Court Costs
Furnishing a copy costs five cents per page.
Furnish Copy $.05/pg
Page 34 | Local Rule 18 – Civil Court Costs
Service of publication costs $20, and the attorney must make arrangements with the newspaper.
Service of Publication-Attorney to make arrangements w/newspaper $20
Page 34 | Local Rule 18 – Civil Court Costs
Each certified copy costs $1.
Certified Copy-each $1.00
Page 34 | Local Rule 18 – Civil Court Costs
Calling Jury $35.00
Calling Jury $35.00
Page 34 | Local Rule 18 – Civil Court Costs
Issuing a subpoena prepared and served by an attorney costs $20.
Subpoena Issued-Prepared and Served by Attorney $20.00
Page 34 | Local Rule 18 – Civil Court Costs
A half-day witness fee is $6, plus mileage.
Witness Fees-One Half day-Plus mileage $6.00
Page 34 | Local Rule 18 – Civil Court Costs
When bond is posted by credit or debit card, the Clerk may impose a nonreturnable processing fee of four percent of the bond.
In the event bond is posted using a credit card or a debit card, the Clerk is hereby authorized to impose an additional, non-returnable fee for the processing therefore in the amount of four (4) percent of the amount of the bond.
Page 40 | Local Rule 24 - Bonds
Courtesy Copy Requirements
A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the Clerk, who in turn will give it to the assigned Judge or Magistrate.
A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the Clerk, who in turn will give it to the assigned Judge or Magistrate.
Page 8 | Local Rule 4 - Filing of Documents; E. COPIES OF MOTIONS AND OTHER FILINGS
Only the signed original of a motion or other written filing need be presented unless the Court’s cost schedule specifies that multiple copies are required.
Only the signed original of a motion (or other written filing) need be presented to the Clerk, unless the Court’s cost schedule specifies that multiple copies are required.
Page 8 | Local Rule 4 - Filing of Documents; E. COPIES OF MOTIONS AND OTHER FILINGS
If the motion or other document is to be filed in two or more case files, however, then the party presenting the document should provide sufficient copies with the original so that the Clerk can place a copy in each case file to which the motion or other document pertains.
If the motion or other document is to be filed in two or more case files, however, then the party presenting the document should provide sufficient copies with the original so that the Clerk can place a copy in each case file to which the motion or other document pertains.
Page 8 | Local Rule 4 - Filing of Documents; E. COPIES OF MOTIONS AND OTHER FILINGS
A party who wants a date-stamped copy back should provide an extra copy and a sufficiently large self-addressed, postage-paid envelope.
A party who wishes to receive a date-stamped copy of a document submitted to the Clerk for filing should provide the Clerk with an extra copy of the document, along with a sufficiently large envelope that is self-addressed and postage-paid.
Page 8 | Local Rule 4 - Filing of Documents; E. COPIES OF MOTIONS AND OTHER FILINGS
Sealing & Redaction Procedures
Social security numbers and other personal identifying information should be redacted before filing; attorneys and parties alone are responsible for redaction, and the Clerk will not check it.
To protect legitimate personal privacy interests, social security numbers and other personal identifying information should be redacted from documents before the documents are filed. The responsibility for redacting personal identifying information rests solely with the attorneys and parties who present the documents to the Clerk for filing. The Clerk will not review documents to confirm that personal identifying information has been redacted.
Page 7 | Local Rule 4 - Filing of Documents; C. PERSONAL IDENTIFYING INFORMATION MAY BE REDACTED
Pre-Motion Conference Requirements
Written responses to motions are due no later than ten days after service or three days before the oral hearing date.
Parties wishing to respond in writing to such motions shall do so no later than the ten (10) days following service of the motion or three (3) days prior to the oral hearing date.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
Opposing counsel must answer in the same written manner within 14 days after service, or, if an oral hearing is requested, no later than 3 days before the hearing.
3. Motions: All motions must be in writing and accompanied by a written memorandum containing citations and the arguments of counsel. Opposing counsel shall answer in like manner no later than fourteen (14) days following service of the motion or three (3) days prior to the oral hearing date if an oral hearing has been requested.
Page 17 | Local Rule 8 – Case Management in Civil Cases
Motions not heard or decided before trial will be disposed of at trial.
All motions not heard nor decided prior to trial will be disposed of at trial.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
An oral hearing on a motion will not be granted unless the parties request it in writing or the Court deems it necessary.
3. Motions: All motions must be in writing and accompanied by a written memorandum containing citations and the arguments of counsel. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and/or the Court deems it necessary.
Page 17 | Local Rule 8 – Case Management in Civil Cases
Adjournment & Extension Requirements
If the Court is not notified at least ten days before trial whether the case will be disposed of or proceed to trial, no continuance will be granted; jury costs will also be added to the case.
All attorneys and/or parties shall notify the Court at least ten (10) days prior to trial if the case will be disposed of or proceed to trial. No continuance will be granted otherwise and jury costs will be added to their case.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
Continuances require good cause, must be requested in writing and served on the opposing side, generally must be requested at least ten working days before trial, and will be set for a date certain.
Request for continuances shall be granted only upon a showing of good cause. All requests for continuances shall be in writing and served on opposing counsel, or if the opposing party is unrepresented, on the party. No requests for continuance will be considered if made less than ten (10) working days before trial except for extreme cause. Continuances will be granted to a date certain.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
A continuance request must state its reason, include documentation of any alleged conflict, and be made at least ten working days before trial unless extreme causes apply; granted continuances will be set for a date certain.
5. Continuances: Request for continuances shall be in writing, stating the reason with documentation of any alleged conflict and served upon opposing counsel, or if the opposing party is unrepresented, on the party. No request for continuance will be considered if made less than ten (10) working days before trial except for extreme causes. Continuances will be granted to a date certain. All requests for continuances shall be signed by counsel, or if unrepresented, the party.
Page 15 | Continuances
A continuance requires good cause and a written, served request stating the reason and documenting any alleged conflict; requests made fewer than 10 working days before trial are not considered except for extreme cause, and any continuance must be to a date certain.
4. Continuances: Request for continuances shall be granted only upon a showing of good cause. All requests for continuances shall be in writing stating the reason with documentation of any alleged conflict and served upon opposing counsel, or if the opposing party is unrepresented, on the party. No request for continuance will be considered if made less than ten (10) working days before trial except for extreme cause. Continuances will be granted to a date certain.
Page 17 | Local Rule 8 – Case Management in Civil Cases
An application to continue a pretrial conference must be addressed to the assigned judge or magistrate.
Any application for continuance of the conference shall be addressed to the Judge or Magistrate to whom the case has been assigned.
Page 17 | Local Rule 8 – Case Management in Civil Cases
No continuance of any hearing shall be granted unless the required Motion or request is filed with the Court, together with a fee of Five Dollars ($5.00), and the opposing side has been given notice. Any continuance must be approved by the Magistrate or Judge.
No continuance of any hearing shall be granted unless the required Motion or request is filed with the Court, together with a fee of Five Dollars ($5.00), and the opposing side has been given notice. Any continuance must be approved by the Magistrate or Judge.
Page 26 | Local Rule 12 - Small Claims, H. CONTINUANCES
Chambers Communication Rules
Counsel demanding a jury trial must notify the Assignment Commissioner at least five working days before trial if the jury trial will be waived or the case has settled.
It is the responsibility of counsel demanding trial by jury in civil and criminal cases to notify the Assignment Commissioner at least five (5) working days prior to trial date if jury trial is to be waived or the case has been settled.
Page 5 | Local Rule 3 - Duties of Counsel; Waiver of Jury Trial
A date and time for an oral hearing on a motion must be obtained from the Assignment Commissioner.
A date and time for oral hearing upon motions must be obtained from the Assignment Commissioner.
Page 5 | Local Rule 3 - Duties of Counsel; Motions Practice
A party seeking a certified court reporter instead of a recording device must make the request at least 14 days before trial.
Any party desiring a certified court reporter, in lieu of a recording device, shall make such a request at least fourteen (14) days prior to the trial.
Page 6 | Local Rule 3 - Duties of Counsel; Court Reporters
Documents intended for fax filing must be faxed to the Clerk, not Judges’ chambers; the Clerk’s fax number is 419-755-9894.
The number for the Clerk’s fax machine is 419-755-9894. Faxed documents intended for filing must be faxed to the Clerk and not to the Judges’ chambers.
Page 8 | Local Rule 4 - Filing of Documents; F. FAX FILINGS
Attorneys and parties must notify the Court at least ten days before trial whether the case will be disposed of or proceed to trial.
All attorneys and/or parties shall notify the Court at least ten (10) days prior to trial if the case will be disposed of or proceed to trial.
Page 14 | Local Rule 7 - Case Management in Criminal Cases, B. SCHEDULE OF EVENTS
If the Court identifies the wrong lead counsel, addressees should advise the Court before the conference.
If the Court misidentifies lead counsel, addressees should advise the Court of this mistake in advance of the conference.
Page 21 | F. WHAT THE COURT EXPECTS